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Expand Section 2017-2018 DOI Rulemaking Activity

The following describes rulemaking activity for submission before the Legislative Session 2018.

Rule Pertaining to Insurance Policy Titles - Docket Number 18-0102-1701

The body of the current rule consists of one sentence barring the approval of any life insurance policy bearing a name which is misleading or confusing. Such policies are already prohibited by section 41-1813, Idaho Code. IDAPA 18.01.02 is not necessary for the effectuation of Idaho insurance code as it does not add anything of value in understanding or effectuating section 41-1813, Idaho Code or other provisions of Idaho insurance code. This rulemaking seeks to repeal this rule.

Date Rulemaking Status Text
November 1, 2017 Notice of Rulemaking - Pending Rule Text of Current Rule
September 6, 2017 Notice of Rulemaking - Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm

Rule Pertaining to Filing of Life Policy Forms- Docket Number 18-0108-1701

The current rule, which was adopted in 1962, calls for life policy forms to be submitted to the Department “in duplicate”; policy forms have long been submitted electronically through the System for Electronic Rate and Form Filings (SERFF). IDAPA 18.01.08 is not necessary for the effectuation of Idaho insurance code. The substantive-type provisions of this rule may be unnecessary. Also, other provisions apply to policies per Idaho Code § 41-1927. This rulemaking seeks to repeal this rule.

Date Rulemaking Status Text
November 1, 2017 Notice of Rulemaking - Pending Rule Text of Current Rule
September 6, 2017 Notice of Rulemaking - Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm

Rule Pertaining to Cancellation of, or Refusal to Renew Automobile Insurance Policies - Docket Number 18-0120-1701

Idaho Code § 41-2502 requires that insurers offer uninsured and underinsured auto coverage to Idaho consumers and also provides that a consumer can reject such coverage in writing when the policy is first purchased. Subsection (3) of this section also provides that the insurer provide a statement approved by the Director of the Department of Insurance explaining both types of coverage and the types of underinsured coverage that might be available in Idaho. The department fulfilled this directive initially by publishing Bulletin 08-08. Recently there has been discussion about whether consumers are adequately protected under the status quo. In 2017, there were three bills (H0163, S1048, and S1078) that considered proposing amendments to Idaho Code §§ 41-2502 or 41-2503 (the latter section containing definitions). Legislators suggested that the Director meet with industry to consider alternatives that might better serve Idahoans. The resulting pending rulemaking provides a revised disclosure form to be used by carriers no later than January 1, 2019.

Date Rulemaking Status Text
November 1, 2017 Notice of Rulemaking - Pending Rule Text of Pending Rule with Changes
September 6, 2017 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 20, 2017 @ 2:30 pm Text of Draft Rule

Rule Pertaining to Sale of Insurance by Vending Machines- Docket Number 18-0122-1701

This rule dates back to 1979 and is outdated. It is not currently monitored by the DOI, no licenses currently exist, nor are any expected. The fee for vending machine licenses is not addressed or included in the Department's general fee rule, IDAPA 18.01.44. Internet options have replaced this mode of accessibility for the public, along with provisions on credit cards for purchasing travel insurance. Recent legislative change (S1079, effective 7/1/17) removes retail licensing requirements. This rulemaking seeks to repeal this rule.

Date Rulemaking Status Text
November 1, 2017 Notice of Rulemaking - Pending Rule Text of Current Rule
September 6, 2017 Notice of Rulemaking - Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm

Rule Pertaining to Title Insurance and Title Insurance Agents and Escrow Officers- Docket Number 18-0125-1701

This pending rulemaking amends language to make title insurance policy cancellation fees permissive rather than mandatory because there are various scenarios where it seems inappropriate to charge a cancellation fee, and title insurance agents would not charge cancellation fees but for the rule.

Date Rulemaking Status Text
November 1, 2017 Notice of Rulemaking - Pending Rule
September 6, 2017 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 1:30 pm Text of Draft Rule

Rule Pertaining to Individual Disability and Group Supplemental Disability Insurance Minimum Standards - Docket Number 18-0130-1701

Following negotiated rulemaking, the pending rule allows, but does not require, carriers to offer return of premium or cash value benefits to covered persons for specified disease, limited benefit policies, and accident only policies in addition to the other types of policies currently permitted.

Date Rulemaking Status Text
November 1, 2017 Notice of Rulemaking - Pending Rule
September 6, 2017 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm

Rule Pertaining to Guidelines Respecting the Use of Claim Forms for Disability Insurance Claims - Docket Number 18-0135-1701

The current rule requires insurers to furnish, to hospitals and certain other service providers, a six month supply of paper forms for the filing of claims. Since the rule was adopted in 1980, the vast majority of claims are submitted electronically, and it is no longer necessary for providers to have a six-month supply of paper forms on hand at all times. IDAPA 18.01.35 is not necessary for the effectuation of Idaho insurance code as it reflects outmoded practices. This rulemaking seeks to repeal this rule.

Date Rulemaking Status Text
November 1, 2017 Notice of Rulemaking - Pending Rule Text of Current Rule
September 6, 2017 Notice of Rulemaking - Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm

Rule Pertaining to Rebates and Illegal Inducements to Obtaining Title Insurance Business - Docket Number 18-0156-1701

This pending rulemaking seeks to amend the definition of “things of value” at Subsection 010.05 and revise provisions 4.l. and 9 of Exhibit 1, which currently require cancellation fees. There are various scenarios where it seems inappropriate to charge a cancellation fee, and title insurance agents would not charge cancellation fees but for the rule.

Date Rulemaking Status Text
November 1, 2017 Notice of Rulemaking - Pending Rule
September 6, 2017 Notice of Rulemaking - Proposed Rule Text of Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 1:30 pm Text of Draft Rule

Rule to Implement the Individual Health Insurance Availability Act Plan Design - Docket Number 18-0173-1701

The current rule provides specifics for the plan design of five individual health plans to be offered through the Idaho Individual High Risk Reinsurance Pool, per Chapter 55, Title 41, Idaho Code. Revisions to this chapter, effective 7/1/2017, have eliminated the requirement and the need to design specific products for the Pool, which, going forward, will likely function as a reinsurance mechanism for individuals with certain health conditions enrolled in major medical individual health insurance plans available market-wide. IDAPA 18.01.73 is no longer necessary for the effectuation of Idaho insurance code as Chapter 55, Title 41, Idaho Code no longer provides for individuals to be enrolled in unique high risk pool plans. The approximately 50 individuals grandfathered into these plans prior to the 2017 legislation will be renewed into these plans, if they desire, without modification to plan design. Therefore, rules for design of these plans are obsolete as no new such plans will be created. This rulemaking seeks to repeal this rule.

Date Rulemaking Status Text
November 1, 2017 Notice of Rulemaking - Proposed Rule Text of Current Rule
September 6, 2017 Notice of Rulemaking - Proposed Rule
July 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: July 18, 2017 @ 2:30 pm

Rule Pertaining to Credit for Reinsurance - Docket Number 18-0175-1701

This pending rulemaking seeks to revise and update IDAPA 18.01.75 to include NAIC Credit for Reinsurance Model Regulation #786 provisions supporting the modernization of reinsurance regulation. This updated rulemaking sets forth rules and procedural requirements necessary to carry out the provisions of Idaho Code § 41-515, following H.B. 101 enacted in 2017.

Date Rulemaking Status Text
October 4, 2017 Notice of Rulemaking – Pending Rule
August 2, 2017 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
June 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: June 22, 2017 @ 2:30 pm Text of Draft Rule

Rule pertaining to Corporate Governance - Docket Number 18-0181-1701

This pending rulemaking seeks the addition of a new rule following the enactment of Title 41 Chapter 64 that will provide insurers with more detailed procedures for submitting the required Corporate Governance Annual Disclosure (CGAD) filing and includes the contents that are deemed necessary by the Director of the Department of Insurance to carry out the provisions of Chapter 64 following H.B. 102 enacted in 2017.

Date Rulemaking Status Text
October 4, 2017 Notice of Rulemaking – Pending Rule
August 2, 2017 Notice of Rulemaking – Proposed Rule Text of Proposed Rule
June 7, 2017 Notice of Intent to Promulgate Rules - Negotiated Rulemaking – Public Meeting: June 22, 2017 @ 2:30 pm Text of Draft Rule



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